In Brief
A spinster's registered will executed in 1985 in favour of her maternal nephew (Appellant) was challenged by her former son-in-law (Respondent 1) using an allegedly later unregistered will in favour of the latter's minor son. The trial court upheld the registered will (Exhibit P4) as validly executed under the Indian Succession Act. The High Court, finding no specific pleading disputing the registered will, created suspicion about its validity, dismissed the suit, and relied on the unregistered will despite finding it forged. The Supreme Court held that a testamentary court is one of conscience, not suspicion. Since the registered will was properly executed, attested, and the respondent never specifically denied it in pleadings, the appellate court erred in manufacturing suspicion. The presence of the beneficiary's siblings at execution strengthened rather than weakened the will's authenticity. The appeals were allowed and the trial court's decree was restored.
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